| (G) Occupied Developments. The items identified in
clauses (i) - (vi) of this subparagraph must be submitted with any
Application where any structure on the Development Site is occupied
at any time after the Application Acceptance Period begins or if the
Application proposes the demolition of any housing occupied at any
time after the Application Acceptance Period begins. If the Application
includes a request for Direct Loan funds, Applicants must follow the
requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) and other HUD requirements
including Section 104(d) of the Housing and Community Development
Act. HUD Handbook 1378 provides guidance and template documents. Failure
to follow URA or 104(d) requirements will make the proposed Development
ineligible for Direct Loan funds and may lead to penalty under §13.11(b)
of this title (relating to Multifamily Direct Loan Rule). If one or
more of the items described in clauses (i) - (vi) of this subparagraph
is not applicable based upon the type of occupied structures on the
Development Site, the Applicant must provide an explanation of such
non- applicability. Applicant must submit:
(i) at least one of the items identified in subclauses
(I) - (IV) of this clause:
(I) Historical monthly operating statements of the
Existing Residential Development for 12 consecutive months ending
not more than three months from the first day of the Application Acceptance
Period; or
(II) The two most recent consecutive annual operating
statement summaries; or
(III) The most recent consecutive six months of operating
statements and the most recent available annual operating summary;
or
(IV) All monthly or annual operating summaries available;
and
(ii) a rent roll not more than six months old as of
the first day the Application Acceptance Period that discloses the
terms and rate of the lease, rental rates offered at the date of the
rent roll, Unit mix, and any vacant units;
(iii) a written explanation of the process used to
notify and consult with the tenants in preparing the Application;
(§2306.6705(6))
(iv) a relocation plan outlining relocation requirements
and a budget with an identified funding source; (§2306.6705(6))
(v) any documentation necessary for the Department
to facilitate, or advise an Applicant with respect to or to ensure
compliance with the URA and any other relocation laws or regulations
as may be applicable; and
(vi) if applicable, evidence that the relocation plan
has been submitted to all appropriate legal or governmental agencies
or bodies. (§2306.6705(6))
(8) Architectural Drawings. All Applications must include
the items identified in subparagraphs (A) - (D) of this paragraph,
unless specifically stated otherwise, and must be consistent with
all applicable exhibits throughout the Application. The drawings must
have a legible scale and show the dimensions of each perimeter wall
and floor heights.
(A) For all Developments a site plan must be submitted
that includes the items identified in clauses (i) - (xii) of this
subparagraph:
(i) states the size of the site on its face;
(ii) includes a Unit and building type table matrix
that is consistent with the Rent Schedule and Building/Unit Configuration
forms provided in the Application;
(iii) includes a table matrix specifying the square
footage of Common Area space on a building by building basis;
(iv) identifies all residential and common buildings
in place on the Development Site and labels them consistently with
the Rent Schedule and Building/Unit Type Configuration forms provided
in the Application;
(v) shows the locations (by Unit and floor) of mobility
and hearing/visual accessible Units (unless included in residential
building floor plans);
(vi) clearly delineates the flood plain boundary lines
or states there is no floodplain;
(vii) indicates placement of detention/retention pond(s)
or states there are no detention ponds;
(viii) describes, if applicable, how flood mitigation
or other required mitigation will be accomplished;
(ix) indicates the location and number of parking spaces,
garages, and carports;
(x) indicates the location and number of accessible
parking spaces, garages, and carports, including van accessible spaces;
(xi) includes information regarding local parking requirements;
and
(xii) indicates compliant accessible routes or if a
route is not accessible a cite to the provision in the Fair Housing
Design Manual providing for its exemption.
(B) Building floor plans must be submitted for each
building type. Building floor plans must include the locations of
the accessible Units and must also include square footage calculations
for balconies, breezeways, corridors and any other areas not included
in net rentable area.
(C) Unit floor plans for each Unit Type must be included
in the Application and must include the square footage. Unit floor
plans must be submitted for the accessible Units. Applications for
Adaptive Reuse are only required to include Unit floor plans for each
distinct floor plan such as one-Bedroom, or two-Bedroom, and for all
floor plans that vary in Net Rentable Area by 10% from the typical
floor plan.
(D) Elevations must be submitted for each side of each
building type (or include a statement that all other sides are of
similar composition as the front) and include a percentage estimate
of the exterior composition and proposed roof pitch. Applications
for Rehabilitation may submit photographs if the Unit configurations
are not being altered and post-renovation drawings must be submitted
if Unit configurations are proposed to be altered.
(9) Site Control.
(A) Evidence that the Development Owner has Site Control
must be submitted. If the evidence is not in the name of the Development
Owner, then an Affiliate of the Development Owner must have Site Control
that allows for an ability to assign the Site Control to the Development
Owner. All of the sellers of the proposed Property for the 36 month
period prior to the first day of the Application Acceptance Period
and their relationship, if any, to members of the Development Team
must be identified at the time of Application. The Department may
request documentation at any time after submission of an Application
of the Development Owner's ability to compel title of any Affiliated
property acquisition(s) and the Development Owner must be able to
promptly provide such documentation or the Application, award, or
Commitment may be terminated. The Department acknowledges and understands
that the Property may have one or more encumbrances at the time of
Application submission and the Department will take into account whether
any such encumbrance is reasonable within the legal and financial
ability of the Development Owner to address without delaying development
on the timeline contemplated in the Application. To meet the requirements
of subparagraph (B) of this paragraph, Tax-Exempt Bond Developments
that do not include a request for Direct Loan or include the Department
as the bond issuer, must certify in the Application that the Site
Control submitted with the TBRB application for the Certificate of
Reservation to be issued is still valid. Tax-Exempt Bond Developments
involving Acquisition and Rehabilitation or identity of interest land
acquisitions must submit Site Control documents in order to verify
the site acquisition cost as required in §11.302 of this chapter.
(B) In order to establish Site Control, one of the
items described in clauses (i) - (iii) of this subparagraph must be
provided. In the case of land donations, Applicants must demonstrate
that the entity donating the land has Site Control as evidenced through
one of the items described in clauses (i) - (iii) of this subparagraph
or other documentation acceptable to the Department. Site Control
items include:
(i) a recorded warranty deed vesting indefeasible title
in the Development Owner or, if transferrable to the Development Owner,
an Affiliate of the Owner, with corresponding executed settlement
statement (or functional equivalent for an existing lease with at
least 45 years remaining); or
(ii) a contract or option for lease with a minimum
term of 45 years that includes a price; address or legal description;
proof of consideration in the form specified in the contract; and
expiration date; or
(iii) a contract for sale or an option to purchase
that includes a price; address or legal description; proof of consideration
in the form specified in the contract; and expiration date.
(C) If the acquisition can be characterized as an identity
of interest transaction, as described in §11.302 of this chapter
(relating to Underwriting Rules and Guidelines), then the documentation
required as further described therein must be submitted in addition
to that of subparagraph (B) of this paragraph.
Cont'd... |
